Help with Ruthbridge

[blanch290]

Ruthbridge have been in contact with me regarding a loan that they have been passed by Direct Legal and collections for an amount of £xxxx.

They have sent me a letter stateing that they are now commeniceing Litagation and enforcement proceedings.

They have only recently been in contact with me over the last month as prior the debt was held with a company called K M investigations.

I was making payments to KM investigations through my debt management agency, but it seems that this has now been forwarded on again to Ruthbridge!

I tried to call to re arrange the offer of payments where they have proceeded to refuse and have got very aggresive not listening to what I had to say and told me that as I had made the adult decision I have to live with the adult consequences and bankruptcy was the only option. I do not own a house or a car so they will get nothing from me but never the less I am still worried!

What can I do? They have informed me I have to pay the full amout and they will not accept the installments that I have being paying previously!!

What can I do?? Please help!! I only have 1 week now to find all of the money or be made bankrupt..

HELP

[spamheed]

What you have been told is complete bowlarks, it will cost them money to make you bankrupt, they will never pay out if they have no chance of recouping their losses.

 

Dont phone these monkeys, or allow them to phone you, refuse to complete their security questions and send them the CCA request (letter N from the templates library)

[SHELBELLE]

Hi Blanch

 

Firstly do not panic and secondly DO NOT speak to any DCA over the phone. Refuse to answer security questions or just put the phone down. If you can keep a log of all calls whether amswered or not with times and dialogue if any. This will help your case later on. If the calls are becoming too much get a harrasment letter off straight away and recorded unsigned from the template liabrary.

 

I would start by sending a CCA request (template letter N) off to them so they have to prove you owe the debt (even if you do) and remember it is up to them to prove you owe it not you to prove you don't. Remember to send recorded and do not hand sign just print or type your name.

 

Get this off asap this should keep them quiet for a little while.

 

In the meantime try and have a read through similar posts on the forum you will gain a wealth of knowledge.

 

Someone with more experience will be along to guide you further very soon.

 

Good luck and do not worry there is an answer for everything on here.

 

S.B.

[ODC]

So Derek and the Ruthbridge Bullies are at it again. Do not believe a word they say.They are well kmown on here for the porkies they tell. They are full of threats most of which are groundless. Get the CCA off to them right away.

[42man]

Typical Ruthbridge being completely unreasonable....the templates library is here - use letter 'N' as has been said above - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this by recorded delivery, and enclose a £1 postal order.

 

I will only say that if you are going to talk to Ruthbridge again, please record the calls...

 

Also I have to ask has there been a period of 6 years anywhere along the life of the debt that you have not made a payment or acknowledged the debt ?

 

I would also urge you to report them to Trading Standards and the OFT with exactly what they told you....

 

2.6 (f) of the OFT's guidelines on debt collection

 

Psychological Pressure / Harrassment

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

 

[blanch290]

I have sent of a letter first thing this morning!! - What should my next steps be or should I wait to see what there reaction is?? Thanks to all for you help It has made me fell a little more at ease!!

[PGH7447]

You now wait for them to have an apolectic fit, because you have dared to question their rights to harrass and intimidate you:D

[42man]

What amazes me is that despite you wanting to offer a repayment plan, they became aggressive, and it could cost them in the end !!! keep all your paperwork too....

[blanch290]

Hi again,

 

I have sent the letter off to Ruthbridge on the 9th but have heard nothing since! Is this normal?? From reading others it seems that Ruthbridge are always on the case!! Should I be worried??

Also this 12 + 2 is that a total of 14 working days that we have to give them? its just with Christmas holidays coming up I was not sure when there time was up?

Thanks in advance for your help!!

[PGH7447]

12+2 from whence you send it

[42man]

Once the 12+2 working days have expired, then send them this...recorded -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[blanch290]

Sorry to bother you again on your break. I have not recieved anything from Ruthbridge or had any phone calls. I sent the letter on the 9th of December. Is it now ok for me to send the letter issued by 42 man as of yet??

I do not want to be premature!! - Once I have sent this letter what are my next steps? Do I have to wait for them to pass it on to the next collection company?

Thanks once again for your help!!

[PGH7447]

yes send the letter and let them stew

[blanch290]

OK Thanks for you help guys! - It has helped me get through this. I have read through the letter I have sent to them and was just looking for some clarification if possible?

It States:

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

What options are there avaliable to them? Just so I can prepare myself for what will happen!

Once again thanks for your help

[42man]

In my experience they never respond to letters you send, just the usual generic letters to frighten you into paying....

[blanch290]

Ahh ok. So what should I be prepared to have happen now have sent this? never hear from them again? Or will they pass it onto a third party?

And also do they have the ability to take the issue off of my credit history as they did not place the actual credit on? - Just a question after reading the letter!

[blanch290]

Hi guys, once again thank for all your help, I am really worried now though. I have not heard from Ruthbridge since the 8th of December. I have sent both letters as advised but nothing. I leave to go to San Fran for work on Saturday and this means that my Girlfriend will be in our house on her own. Are Ruthbridge likly to send collection agents around while I am away even though I have actually sent these letters off??

 

Please help I am really adverse to going at the moment due to this!

[42man]

Highly unlikely they will, but just tell her not to answer the door. And please try and relax. Have a good time in SF..!!

[blanch290]

Hi guys,

 

I hope you are all well!!

 

I have not heard anything from Ruthbridge at all since I sent off the default letter. What should I do now? If they are unable to prove that the debt is mine do they have to take it off of my credit file or will that stay on there forever?

Can anyone help with this?

Thanks in advance

[mediamonkey]

Hi,

 

I just had the same thing happen. I received a letter this weekend stating that I owe a rather large amount of money assigned from Direct Auto Financial Services and that their client is Direct Legal and Collections.

 

I phoned them to find out what this was and to advise that I'd written to them disputing the debt. The lady on the phone kept saying ' why do you dispute this debt' and I said because I don't believe I owe this company any money. She then said that wasn't a good enough reason and asked me again and said she would not put the account on hold. I said I did not know what else to say other than I don't owe the money and they will receive a letter by post and email. She then got quite aggressive and put the phone down on me.

 

I phoned back and asked to speak to a manager to complain about the way she handled the call and was informed that she had to terminate the call because I was shouting!? I asked the manager if he'd actually heard the call because I clearly wasn't and he said 'no she's just doing her job' and then basically threatened me with the fact that they would not put the account on hold and would now be commencing bankruptcy proceedings on me!

 

I have written letter N and also reported them to OFT and Trading Standards as they can't do that. I spoke to a wonderful lady at Consumer Advice who informed me they can't actually do anything without providing me with evidence of the debt or where they received my name from. They have also threatened me with a CCJ from Kingston Court. She has informed Trading Standards who she said would see that they were acting outside of the guidelines by stating thing like bankruptcy.

 

I let you know how I get on.

[blanch290]

They just seem like the biggest bunch of Con artists out there!! How can we get people like this taken off of the register and make it so that they are not allowed to conduct business in this manor.

It is digusting - imagine what it is like for people that do not have the support of all of your helpful advice on here!!

All I can say is thank you to all of you guys for your on going support!

[joeve]

Hi Blanch

 

Firstly do not panic and secondly DO NOT speak to any DCA over the phone. Refuse to answer security questions or just put the phone down. If you can keep a log of all calls whether amswered or not with times and dialogue if any. This will help your case later on. If the calls are becoming too much get a harrasment letter off straight away and recorded unsigned from the template liabrary.

 

I would start by sending a CCA request (template letter N) off to them so they have to prove you owe the debt (even if you do) and remember it is up to them to prove you owe it not you to prove you don't. Remember to send recorded and do not hand sign just print or type your name.

 

Get this off asap this should keep them quiet for a little while.

 

In the meantime try and have a read through similar posts on the forum you will gain a wealth of knowledge.

 

Someone with more experience will be along to guide you further very soon.

 

Good luck and do not worry there is an answer for everything on here.

 

S.B.

 

 

 

 

Hi im having similar trouble with ruthbridge and DLC over a 1996 loan, they are rude abusive and very threatening, and i agree to all that you should not speak with them,

 

However i have reported there behaviour to the financial and banking ombudsman who are taking this matter up because apparently they are breaking all sorts of laws.

 

But another point the ombudsman pointed out to me was that because payments have been made in any period in the previous 6 years to the financial companies that it in itself is an admission of knowing you owe the debt, and the company does not need to produce the orriginal cca to prove the debt.

 

However, Ruthbridge however they describe themselves are not allowed to make anyone bankrupt, They do not have the necessary legal powers,they are basically sharks employed by DLC to get money by threats, intimidation and belittlement,

 

My letters are basically saying they are advising DLC to comence bankrupcy. I rung DLC in tears after speaking with Ruthbridge, i told them i had started the proceedings of a complaint with the banking ombudsman and gave them my reference number of my complaint, and they were as nice as pie, and i got to speak to a manager at DLC who has said he will cooperate fully with the ombudsman.......i wont hold my breath,

Anyway he did say that legally DLC couldnt just start bankrupcy proceedings against people without exhausting other avenues, besides that for them to start bankrupcy they have to consider how much of the money owed is going to be recoverable i.e do you have any estate (in other words do you own a house) do you work and have funds left over after paying bills etc.

Secondly do you have county court judgement for the debt you are paying on? if the answer is yes Ruthbridge cannot contact you for more money, the ombudsman would really be interested, If the answer is no then the first port of call DLC would take is to county court judgement it, that would be favourable because the judge would determine what you could afford to pay from your income and expenditure sheet, but any judgement entered into would need to be stuck to.

 

DLC also told me that Ruthbridge have an annual contract in an advisory capacity to arrange payment arrangements and chase debtors and have no legal powers to start bankrupcy, im under no illusion that DLC do know what is going on with Ruthbridge and arnt doing enough to stop it, but then again why would they when they are getting money by threats,

But if enough people report DLC and Ruthbridge to the ombudsman then we might be able to deal with our money problems without feeling threatened.

 

Contact citizens advice to get an advisor on side, it does relieve a lot of the stress, The ombudsman are good too and they are very familiar with Ruthbridge and DLC.

[HappyRanger]

Hi everyone. I'm a newbie who has also had trouble with Ruthbridge. I've been reading these threads for a while now but have decided it is the right time to get your valuable advice.

 

They are hassling me for a debt of almost £2000. I have sent them the letter asking for a copy of the credit agreement, along with £1 PO on January 19th.

 

Tonight when I got in from work there was a card saying a special delivery item was being held at my local sorting office which also had a £4.27 excess charge as the sender did not pay enough postage on it. I have just been to the sorting office where it became clear that this package was from Ruthbridge (it said on the back of the envelope). I refused to collect the item and asked the lady at the sorting office to return it to sender.

 

Have I done the right thing? Should I now send the letter saying they have failed to reply within 14 days?

 

Any advice would be great. Thanks

[ODC]

Personally I wouldnt send them any further letters unless and until they write to you again. I cannot understand why they would send your CCA to you via special delivery. Recorded delivery would have been enough

[mediamonkey]

Heard nothing from Ruthbridge (which doesn't surprise me according to the recent posts). What shall I do for the next step? And if they don't reply back after that can I keep sending them letters until they agree to close the account and take it off my credit report?